Assembly Bill A5084

2009-2010 Legislative Session

Increases penalties for failure to install window guards and provides for a program to educate the community on the risks associated with failure to so install

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A5084 (ACTIVE) - Details

Current Committee:
Assembly Codes
Law Section:
New York City Administrative Code
Laws Affected:
Amd §17-123, NYC Ad Cd
Versions Introduced in Other Legislative Sessions:
2011-2012: A4701
2013-2014: A2208, A8129
2015-2016: A4886
2017-2018: A2262
2019-2020: A3105

2009-A5084 (ACTIVE) - Summary

Increases amount of civil and criminal penalties for failing to install window guards; for a second or subsequent violation the criminal penalties shall be increased to a fine of up to $1000 or imprisonment for up to one year, or both; for a first civil violation the fine shall be $1000, for a second violation the fine shall be $2500 and for any subsequent violation the fine shall be $5000.

2009-A5084 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5084

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by  M.  of A. V. LOPEZ, ESPAILLAT, ROSENTHAL, ENGLEBRIGHT --
  Multi-Sponsored by -- M. of  A.  BOYLAND,  COLTON  --  read  once  and
  referred to the Committee on Cities

AN  ACT  to  amend  the  administrative code of the city of New York, in
  relation to increasing the penalties for  failing  to  install  window
  guards in multiple dwellings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision c of section 17-123 of the administrative  code
of  the  city of New York, as amended by local law number 22 of the city
of New York for the year 2002, is amended to read as follows:
  c. The department of health and mental hygiene shall  promulgate  such
regulations  as it deems necessary to comply with the provisions of this
section, with respect to the annual notice to tenants,  and  the  notice
requirement  in all multiple dwelling leases.  THE DEPARTMENT SHALL ALSO
DEVELOP A PROGRAM TO EDUCATE THE COMMUNITY OF  THE  RISK  OF  INJURY  OR
DEATH  TO CHILDREN WHEN RESIDING IN MULTIPLE DWELLINGS WHICH DO NOT HAVE
WINDOW GUARDS INSTALLED.
  S 2.  Subdivision d of section 17-123 of the  administrative  code  of
the city of New York, as added by local law number 33 of the city of New
York for the year 1986, is amended to read as follows:
  d.  Any  person  who  violates  the provisions of this section, or the
regulations promulgated hereunder, shall  be  guilty  of  a  misdemeanor
punishable  by  a fine of up to five hundred dollars or imprisonment for
up to six months or both FOR THE FIRST VIOLATION AND BY A FINE OF UP  TO
ONE  THOUSAND DOLLARS OR IMPRISONMENT FOR UP TO ONE YEAR OR BOTH FOR ANY
SUBSEQUENT VIOLATION.  In addition, any violation of this section  shall
constitute a civil violation subject to a penalty of not more than [five
hundred]  ONE  THOUSAND dollars [per] FOR THE FIRST violation, TWO THOU-
SAND FIVE HUNDRED DOLLARS FOR THE SECOND  VIOLATION  AND  FIVE  THOUSAND
DOLLARS  FOR  ANY  SUBSEQUENT  VIOLATION.   A civil violation under this

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08551-01-9

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